PAKKIRISAMY Vs. STATE

JUDGEMENT

(1.) APPELLANTS are A. 1 to A. 3 respectively in Sessions Case no. 155 of 2001 on the file of the learned Additional Sessions Judge, nagapattinam. Charge No. 1 was framed against A. 1 under Section 324, IPC for causing injuries to P. W. 2 and Charge No. 2 was framed against A. 3 under Section 324, IPC in respect of the attack on P. W. 3. The third charge was framed against a. 1 under Section 307, IPC for causing injuries to P. W. 1. The fourth charge was framed against A. 2 under section 302, IPC for causing the death of Sudha, the deceased in this case. The fifth charge was framed against A. 1 and A. 3 under section 302, IPC read with Section 34, IPC for sharing the common intention of a. 2 in causing the death of the deceased. The learned trial Judge, finding A. 2 guilty under Section 302, IPC, sentenced him to undergo imprisonment for life and imposed a fine of Rs. 1000/- with a default sentence of three months rigorous imprisonment. A. 1 and A. 3 on being found guilty under Section 302, IPC read with Section 34, IPC were similarly sentenced as in Charge No. 4. A. 1 and a. 3 were also found guilty under Section 324, IPC and each of them was sentenced to undergo two years rigorous imprisonment together with a fine of rs. 500/- and a default sentence of three months rigorous imprisonment. A. 1 on being found guilty under Section 307, IPC was sentenced to undergo five years rigorous imprisonment together with a fine of Rs. 500/- with a default sentence of three months rigorous imprisonment.

(2.) THE brief facts which are necessary for the disposal of the appeal are as follows:- A. 1 Pakkirisamy and A. 3 Rani are husband and wife. A. 2 annadurai is their son. P. W. 1 Kathan is the father of the deceased Sudha. P. W. 2 anbazhagan is closely related to P. W. 1, in that P. W. 2 is the nephew of P. W. 1. P. W. 3 Vadivelu is their neighbour. All of them were residing in the same street. THEre was a land dispute between A. 1 and P. W. 1 an there used to be frequent quarrels between A. 1 and P. W. 1 with regard to the same. THErefore, a panchayat was convened and P. W. 5 was one of the panchayatdars. Though P. W. 5 and other panchayatdars held that the disputed land belongs to P. W. 1, A. 1 did not agree with the decision taken by them. On 23. 12. 2000 at 9. 30 p. m. P. Ws. 1, 2 and 3 were talking with each other by sitting in front of the house of P. W. 1. A. 1 to A. 3 were seen sitting in front of their house, which was situated opposite to the house of P. W. 3 and at that time, A. 1 made some sarcastic remarks against p. W. 1. P. W. 1 questioned A. 1 as to why he is talking ill of him. Immediately, a. 1 retorted by saying that he would talk like that only and rushed towards his house, took an aruval and began to attack P. W. 1. P. W. 1 warded off the same and the cut fell on his left hand. THEreafter, the next cut fell on his shoulder. Suddenly, P. W. 2 Anbazhagan, the nephew of P. W. 1 intervened. He was also cut on his left ear, left neck and left ribs by A. 1 with the same aruval. Sudha, the deceased, who was aged about 18 years, intervened to prevent further attack on his father. At that time, A. 2 Annadurai, the son of A. 1, came there with a knife and stabbed Sudha on the left side of her chest. Sudha fell down on the ground. On seeing this, P. W. 3, Vadivelu also intervened and he was attacked by a. 3 with Vangu aruval on his forehead. On hearing the shouting, P. W. 4 and others came to the scene and made arrangements to take the injured P. Ws. 1 to 3 and the deceased to the hospital in a bullock cart. While they were proceeding towards the Government Hospital , thiruthuraipoondi, the deceased Sudha, died on the way. P. W. 8, the doctor who was on duty, examined her and declared her dead. He issued the Accident register, Ex. P. 15 in respect of the following injuries found on her body:- "stab injury below the middle of Lt. clavicle 3 cm x 1. 5 cm x 4 cm over the left side of chest. Elliptical in shape. Body kept in the mortuary. "

(3.) P. W. 15, in the meantime, continued with his investigation and arrested A. 1 at 3. 00 p. m. on 24. 12. 2000 and at 4. 00 p. m. on the same day, he arrested A. 3. When he questioned them, both of them gave statements, pursuant to which, he recovered the aruvals produced by them. Thereafter, A. 1 and A. 3 were sent for remand. The material objects were despatched to the Court for chemical analysis. On 28. 12. 2000 at 4. 00 p. m. he arrested A. 2 from near Thiruthuraipoondi bus stand and recorded his statement and recovered the knife produced by him and thereafter sent him also for judicial remand. In the meantime, he questioned the other witnesses in the case and recorded their statements. After the completion of investigation, he filed the final report against the accused on 16. 3. 2001.